Do I qualify for testing accommodations?
The Federal Americans with Disabilities Act (ADA) and the California Fair Employment and
Housing Act (FEHA) protect individuals with disabilities from discrimination. An applicant with
a disability, who is qualified to sit for the bar examination and who proves a disability related
need, is entitled to reasonable testing accommodations.
Terminology
To ensure that your application for accommodations is complete, accurate, applies to your needs
and conforms to the law, it is important to be familiar with the legal terminology for a disability
and how it applies in the context of testing accommodations.
“Disability” means a physical or mental impairment that substantially limits one or more of the
major life activities. 42 U.S.C. § 12102(2).
"Physical impairment" means a physiological disorder or condition or anatomical loss affecting
one or more of the body’s systems. 29 C.F.R. § 1630.2 (h)(1).
"Mental impairment" means a mental or psychological disorder such as organic brain syndrome,
emotional or mental illness, attention deficit disorder and specific learning disabilities. 29 C.F.R.
§ 1630.2(h)(2).
“Substantially limits” means unable to perform a major life activity that an average person in the
general population can perform, or, significantly restricted in the manner or duration in which the
individual can perform that activity. 29 C.F.R. § 1630.2 (j)(1).

Under the ADA amendments Act of 2008, an individual’s previous academic success is
not inconsistent with the finding that an individual is substantially limited in major life
activities.
“Major life activities” includes self-care, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, reading, concentrating and working. 29 C.F.R. §1630.2(i).

Under the ADA amendments Act of 2008, the extent of an individual’s impairment
should be evaluated without considering mitigating measures, other than ordinary
eyeglasses or contact lenses. Mitigating measures such as medication, assistive devices,
and learned adaptive measures will not be considered when determining whether an
individual is substantially limited. Mitigating measures may still be considered when
deciding what accommodations may be needed in a testing environment. This shifts the
emphasis from whether an applicant is disabled to whether a particular testing
accommodation is needed.
“Qualified applicant with a disability” means an individual with a disability who has met all the
requirements to sit for the California Bar Exam and who is otherwise qualified to take the exam
with or without reasonable accommodations. 29 C.F.R. §1630.2 (m).
“Reasonable testing accommodations” means accommodations or adjustments that alleviate the
impact of the applicant’s impairment without:

Fundamentally altering the nature of the exam or the Committee of Bar Examiners’
ability to determine from the exam whether the applicant possesses the skills, knowledge
and ability to be licensed to practice law; or

Imposing an undue administrative or financial burden on the Committee; or

Compromising the validity, reliability or security of the examination; or

Providing the applicant an unfair advantage.
If you seek accommodations, be prepared to disclose all pertinent information that will allow the
bar examiners to make an informed decision.
Remember that “reasonable accommodations” for the purposes of the bar or MPRE does not
necessarily mean ideal accommodations.
The Applicant’s Burden Under the ADA
Applicants have the burden of persuasion to establish that:
1) They have a disability as defined by the ADA and
2) They have a need for nonstandard test accommodations.
Once an applicant establishes a prima facie case, the burden switches to the bar examiners to
explain why the requested accommodations cannot be provided.
However, if you are denied accommodations the bar examiners will claim it was because you
failed to establish your prima facie case. That is why documentation is important.
Applicants who received testing accommodations in law school are not necessarily granted the
same accommodations on the bar. The Committee considers accommodations received in law
school as one of many factors in determining whether a person will receive accommodations for
the bar exam, but it is not a deciding factor.
Timeline for Requesting Accommodations
Submit your requests for exam accommodations as far in advance of the filing deadline as
possible. How early you can apply depends upon the nature of your disability. Some
accommodations petitions require supporting documentation dated within one year of the filing
deadline, while others require documentation within five years. Disabilities that must be updated
within five years include learning disabilities, ADD/ADHD and permanent physical disabilities.
Disabilities that require documentation within one year include most mental health conditions
and most types of physical impairments.
Should I apply for testing accommodations?
If you have any special issues or needs that could affect your performance on the Bar exam,
think about whether you may need accommodations.
Even if you never used testing accommodations in law school, understand that the bar exam is
different. The California bar exam is designed to last three full days. Test-takers sit for severalhour stretches in folding chairs with little or no back support.
The bar exam is a stressful process for all examinees, with or without disabilities. Examinees
with disabilities, however, can find the process particularly troublesome. Standard exam
conditions fail to account for the impact of a disability on the exam itself or on the examinee’s
health.
Accommodations are intended to ameliorate the impact of an applicant’s disability on the exam
process. Evaluate your needs carefully to be
certain you are not overlooking something that could impact your performance.
Applying for accommodations takes time and effort. Applicants are not guaranteed to get each
accommodation requested. Still, it is important to petition for any accommodations you believe
are necessary. Accommodations could make a critical difference in whether you pass or fail
these crucial exams.
Who should prepare a bar exam accommodations request?
 Any applicant who obtained testing accommodations in law school should consider
requesting similar accommodations for the bar.

Any applicant who has difficulty with manual tasks or writing should consider requesting
an accommodation. The Multistate Bar Exam (MBE) portion of the Bar requires
applicants to use a pencil. If that is difficult for you, you may want to ask for a scribe for
the MBE. In California, applicants have an option of taking the exam on a laptop
computer for an extra fee. However, if the laptop is an accommodation there is no
additional fee.

Any applicant who has hypoglycemia, diabetes or another condition that requires
frequent eating or drinking may want to petition for an accommodation to bring food or
drinks to the exam. Examinees are not allowed to bring food into the testing center or eat
during the exam. Even water is disallowed without an accommodation. Under standard
testing conditions, you will be without food or water for at least 3-4 hours, possibly
longer. If that will make you ill and affect your exam performance, seek appropriate
accommodations.

Any applicant who has bladder or bowel function impairment, such as irritable bowel
syndrome should consider requesting a seat closer to the restroom and/or additional time
to accommodate this condition. Applicants without accommodations may use the
restroom during the exam, but it comes out of the timed portion of the exam.
Additionally the test centers often have hundreds of people taking the exam in a big
room, which means you can be stuck in line if you wait to go during the scheduled
breaks.
If you think you might need accommodations for the bar and need assistance with the process,
please contact the Disability Resource Program.
Lisa Noshay Petro, Director
Disability Resource Program
198 McAllister, Room 440
Email: noshaype@uchastings.edu
Phone: 415.565.4876
Laura Andrews, Resource Coordinator
Disability Resource Program
198 McAllister, Room 442
Email: andrewsl@uchastings.edu
Phone: 415.565.4802
The Accommodations Process (California Bar Exam)
Each state has rules governing allowable supplies and examinee conduct during the bar exam.
The governing rules for bar exam accommodations are Rule 4.80 et seq. of the Rules Regulating
Admission to Practice Law in California. All accommodations requests require
documentation from a physician or a diagnostician.
How the process works:
Any applicant seeking nonstandard testing accommodations must petition, following guidelines
established by the Committee of Bar Examiners (the Committee). The petition requires
completing a series of forms. All applicants must submit a Petition For Testing
Accommodations (Form A). Applicants who received testing accommodations in law school
must submit a Law School Verification form (Form F).
Additional forms needed are specific to the applicant’s disability and must be completed by a
diagnostician or physician. If the Committee learns that an applicant filled out the forms on
behalf of a doctor or diagnostician, the accommodations request will be returned and required to
be resubmitted once it is completed by an appropriate professional.
To ensure petitions are complete, all forms should be submitted at the same time. Do not alter
the forms in any way. Do not copy or paste them into text editing programs. If this requires
hand writing or typewriting answers directly onto the forms, please do so. Inconsistencies from
one petition to the next make screening petitions more difficult and could result in a petition
being rejected.
Be as thorough as possible when completing the forms. Often this will mean attaching additional
documentation. If a petition is incomplete or vague the accommodation can be denied or returned
to the applicant for further information.
Be as specific as possible about the origin of the disability or impairment and how it affects your
ability to take the bar exam. Explain how the accommodations requested will ameliorate the
impact of the disability.
For example, an applicant might have a back condition that causes back pain and requires regular
breaks to avoid further injury. If the applicant puts “back pain” on the petition and requests
additional time the Committee may lack the information to make an informed decision.
The applicant and his or her physician should instead explain that the applicant has a specified
condition, such as spinal deterioration or a herniated disc, and that it is recommended that to
avoid severe impairment the applicant take a five minute off-the-clock break every hour.
If an applicant has an intermittent physically disabling condition, the Committee also considers
the likelihood that a person will have an occurrence of the debilitating condition. The
Committee will accommodate for conditions that are substantially likely to occur. However, it
will not accommodate for conditions that only might occur.
For instance an applicant who has a severe visual impairment may strain to read. This strain,
over several hours, gives the applicant a severe headache. Accommodations could be made to
test format so that the applicant takes a periodic break from reading.
By contrast, an applicant may suffer from unpredictable migraines that only strike for a few days
a month. When a migraine strikes, the applicant must stop working and rest immediately.
However, because the applicant cannot predict that he or she will get a migraine during the
exam, the applicant is unlikely to get testing accommodations for this contingency.
Attach any documentation that could be helpful to the bar in verifying the disability or
impairment. Unless the applicant’s disability is something that cannot and will not change, it is
important to have documentation that is recent. This is particularly important for applicants who
have conditions that can change over time. The Committee generally requires documentation
within the past five years. However, since accommodations are intended to address an
applicant’s current level of disability, conditions that may change such as mental health
conditions or physical impairments that vary in severity require documentation within the past
year.
Some examples of accommodations include
The forms list many types of accommodations, but other accommodations can be made if they
are shown to ensure the applicant is testing on a level playing field.

Additional time to complete the exam. A three-day examination can be extended up to
six days.

The use of screen reading programs for blind or low vision applicants (the applicant must
provide his or her own equipment).

Enlarged font for applicant who have difficult reading fine print (available in 18 and 24
font only). The essay font tends to be larger than the multiple choice (MBE), so an
applicant may need a different presentation for the MBE portion of the exam.

A typist or a scribe who will enter the answers for a student who has trouble holding a
pencil on the MBE (or off-the-clock breaks to rest or ice hands).

Water and food at the desk for people who have a medical need to eat and drink during
the exam. (An applicant can only bring the amount of food needed for the exam period,
not an unlimited amount.)
Petition for the specific accommodations you need and explain why those accommodations
are necessary. There must be a direct relationship between the requested accommodation and
the disability.
If the Committee disagrees that a specific accommodation is needed, it will generally not suggest
an alternative. It will ask you to provide further documentation or reject the petition. When an
applicant requests accommodated time, the Committee does sometimes grant a modified time
request (for example a petitioner requesting double-time might be granted time-and-a-half
instead.)
The Committee considers each applicant’s petition individually and holistically. If a person has
multiple disabilities, the Committee will consider the applicant’s overall functional limitations.
A person who has both a physical and learning disability, for example, might ask for additional
time to take the exam. The applicant could get denied the accommodation the basis of the
physical disability and granted the accommodation on the basis of the learning disability, or
granted or denied the time based on an overall assessment that it is not needed.
As a person with a disability, you are aware of how your disability impacts your functioning.
However, an administrator making a decision about accommodations does not know you. All the
information that person has to make a decision about whether you need accommodations is that
which is presented in your petition. Even if you think there is a clear, logical connection between
your disability and the accommodation requested, you still need to present facts and information –
evidence – that will allow a fact finder to decide in favor of granting you what you need.
For example: A deaf applicant might petition for accommodated time to take the bar exam. A
person reading the petition may not see the connection between being deaf and the need for
additional time. The applicant would need to provide documentation that this disability affects
the applicant’s reading fluency, resulting in it taking more time than average to read the exam
text.
The Committee sends each applicant an acknowledgment letter when the petition is complete
and ready for review. If you do not receive an acknowledgment within 30 days of filing your
petition, contact the State Bar.
The State Bar contracts with a team of specialists who review specific petitions. Whether a
given applicant’s petition is reviewed by a specialist will depend on the nature of the disability.
All petitions requesting accommodations for Learning Disabilities, ADHD and mental health
disabilities are reviewed by a contracted consultant. Some physical disabilities are also reviewed
by a consultant. This is often the case when the applicant’s condition is unusual or rare and/or
the accommodation requested is atypical for the condition. Do not assume that the consultant
will be familiar with all recommended accommodations for your disability (for example, the use
of a larger font for a learning disability or ADHD).
Sometimes the Committee will seek additional information from the original doctor or
diagnostician who completed the petition forms. In these cases the Committee first seeks the
applicant’s permission. If the Committee seeks more information from an applicant, the
applicant is sent a letter. The applicant has 30 days from the date of the letter to respond to the
request. If the applicant does not respond or responds beyond the deadline, the petition is
processed based on the information submitted.
Each applicant is sent a letter when the Committee has reviewed the accommodations request.
If a requested accommodation is modified or denied, the letter will contain excerpts of
consultant’s reports so that the applicant understands why the petition was modified or denied.
The applicant has 10 days from the date of denial to file an appeal. The 10 day deadline can be
extended for good cause.
An applicant appeals by sending a letter of appeal and additional documentation that can help the
Committee make a decision. Upon receipt of the appeal, the person reviewing the application
can reverse or modify the decision. If the reviewer is still undecided about whether the
accommodation is necessary, the appeal is reviewed by a subcommittee. The subcommittee
considers all the reports from the treating doctors and consultants and makes a determination on
whether to grant the accommodation(s).
The Committee aims to respond to all accommodations requests within 60 days of submission.
Applicants who have not heard from the State Bar within 60 days should contact our testing
accommodations department to determine their petition status.
All forms necessary to apply for accommodations are available online at:
www.calbar.ca.gov/admissions
Petitions are processed in San Francisco. Petitions sent elsewhere will be rerouted to the San
Francisco Office. Send the forms to:
180 Howard Street
San Francisco, California 94105-1639
(415) 538-2303
Document, Document, Document …
You have a right to be treated in a nondiscriminatory manner. You are entitled to testing
accommodations if you establish your disability and your need for the accommodations.
However, your petition is only as good as the documentation provided.
Keep good records of all information related to your disability, information you don’t think you
need could prove vital to the committee’s decision. In some cases, the accommodations petition
for the MPRE has more specific documentation than the bar accommodations petition. If you
apply for accommodations on the MPRE, you may have additional testing and documentation
that you can include in your bar petition. For example:

Copies of all historical documentation related to your disability, including:
 Verification of accommodation for any previous tests.
 Test scores of any previous tests (with and without accommodation).

A short personal statement describing:
 The nature of your disability or impairment,
 When you were first formally diagnosed
 How that disability or impairment impacts your daily activities, including
activities within an educational setting.
As with all written documentation, your statement should address how your disability or
impairment affects your ability to take the bar exam under standard testing conditions. This
statement can be the same letter that you submitted for the MPRE.
The Accommodations Process (The MPRE)
The Multistate Professional Responsibility Exam (MPRE) is a multiple choice examination that
is required for admission to practice law in most states, including California. The exam lasts for
two-hours and five minutes. Applicants do not use a computer.
Given the difference in length and format, your accommodation needs for the MPRE may be
different from those needed for the bar exam. Additionally, accommodations provided may be
different from those provided for the bar exam. For example, students may use a screen reading
program for the bar exam. For security reasons, this accommodation is not currently available
on the MPRE.
Accommodations available for the MPRE include:

Enlarged print, Braille or audio versions of the exam for students who cannot read the
standard exam, which is printed in 9.5-point type.

Additional time to complete the exam if it is deemed necessary to ameliorate the impact
of a student’s disability.

Ergonomic seating for students with mobility impairments.

A scribe to complete the scantron, for students with vision impairments or trouble with
manual tasks.
If you decide to apply for accommodations, apply early. It may take up to a month to process the
application. If an applicant applies early enough, the NCBE can inform a student in time to send
supplemental material by the filing deadline. Applicants must request accommodations at the
time they apply for the examination. Requests received after the late registration deadline will be
rejected.
The petition process differs in some ways from the process for the bar exam. Instead of
completing forms, an applicant must submit a written request (preferably a letter) for
accommodations.
All petitions for accommodations must be supported by documentation explaining how the
applicant’s impairment limits one or more major life activities. To be granted accommodations
on the MPRE, the documentation must be highly specific. The NCBE often mandates that
applicants requesting certain accommodations meet specific diagnostic criteria.
All materials should be sent together. Materials sent separately run the risk of getting lost,
making an applicant’s accommodation request incomplete.
NCBE reserves the right to independently evaluate documentation submitted by examinees who
request accommodations and to make the final judgment as to the sufficiency of the
documentation.
Include current (within the last five years) documentation by a doctor or other qualified specialist
who has experience and training in treating your disability.
Documentation must be submitted by a qualified diagnostician.
A qualified diagnostician is a person with professional training and experience treating the
person with the disability.
For physical disabilities, documentation must be completed by a qualified physician.
All documentation should include the following information:

The name, title, and professional credentials of the diagnostician or physician.

History of the impairment that requires testing accommodations.

The specific accommodations requested and the rationale behind the request, including an
explanation of how the requested accommodation(s) will ameliorate the impact of the
condition.

If an applicant requests additional time, the documentation must state the precise amount
of time requested, and the rationale for the additional time.

If an applicant received accommodations in law school, on prior standardized tests, the
LSAT or any bar exams, the applicant should enclose documentation of prior
accommodations. If the documentation is not available, the applicant should write a
detailed description of previous accommodations or assistance provided.
Accommodations granted on previous occasions do not guarantee similar
accommodations for the MPRE.

If any element of the documentation is not provided, an explanation by the physician or
diagnostician as to why it was not included.
Documentation for visual, hearing, psychological, emotional, or physical disorders must be
current within one year of the filing deadline. The documentation must provide:

Detailed results from a complete, appropriate diagnostic examination.

A detailed explanation of the applicant’s diagnosis, the treatment provided, and the date
of the most recent treatment and/or consultation.

An assessment of the functional limitations for which the accommodations are requested
and how they relate to the applicant’s ability to take the MPRE.
For example:
An applicant with low vision may ask for additional time on the exam and a scribe to transfer the
answers onto the scantron. The applicant’s documentation must submit the results of an ocular
exam, explain how the vision impairment impacts the applicant’s reading pace and ability to
accurately mark a scantron.
Learning Disabilities, ADD and ADHD
Diagnoses of learning disabilities, ADD and ADHD must be supported by detailed
documentation including:

A description of the presenting problems and the developmental history.

Neuropsychological or psycho educational evaluations and comprehensive aptitude and
achievement tests.
All supporting documentation must be dated from within 12 months prior to the filing deadline.
Documentation between 12 and 24 months old will be accepted if it is accompanied by a letter
from a qualified professional and it provides updated information about the applicant’s current
treatment, current level of functioning and continued rationale for needing the accommodations.
A complete list of the documentation needed for the MPRE is available at
http://www.ncbex.org/multistate-tests/mpre/ada-accommodations/testing.
For more information or clarifications regarding accommodations, contact
MPRE Accommodations
301 ACT Drive
P.O. Box 4001
Iowa City, IA 52243-4001
Fax: (319) 337-1122
mpre.ada@act.org
How to talk to your doctor regarding accommodations
Doctors may not be familiar with how the law defines disability under the ADA. For instance,
the doctor may believe that a person is only disabled if that person is unable to work. It may be
helpful to give your doctor some basic information about disability law and the types of
conditions that might qualify as disabilities. Doctors do not need to make legal conclusions
about whether you are protected under the ADA or FEHA, they need only to document your
condition and how it affects your activities.
If you received accommodations during law school, you are already familiar with asking your
doctor or diagnostician to complete accommodations requests. At University of California law
schools, students requesting accommodations use Disability Documentation forms. These forms
give treating doctors or diagnosticians an opportunity to read about the ADA and provide them
an opportunity to explain how a specified impairment affects a particular student. If you
received accommodations in law school, bring this documentation to your appointment
with you. These forms give an idea of the level of specificity the Committee is looking for.
Remember that most doctors have not taken the bar or professional responsibility exams. It will
be helpful to give details about how the exams work. The more the doctor knows about the
format of the bar exam and the MPRE, the better prepared the doctor is in evaluating your
limitations and needs in the context of the exams.
Give your doctor as much information as he needs to complete the forms, even if it means
volunteering information the doctor may already know. If you take medication the doctor should
evaluate whether the medication might impact your ability to take the exam.
For example, you may take medication to alleviate – mitigate – pain. Under the ADA
Amendments Act of 2008, a person’s disability must be evaluated without regard to mitigating
measures. The fact that your medication controls some of your symptoms is not something that
should be considered in deciding whether you are disabled. However, the medication itself may
cause other functional limitations in a test taking environment. If the medication causes
excessive fatigue or impairs your ability to focus or type, the doctor should explain that in the
documentation.
You also may wish to consult with an expert in the field for your type of disability. The expert
can help determine whether your medical and other supporting documentation is adequate and
appropriate for the type of accommodations you’re seeking. The expert may also wish to write
you an opinion, which you may submit with your petition. This will give the Committee a more
complete picture of your disability and how it impacts you on an exam.
NOTE: This document is a draft. The final version will be published at www.uchastings.edu.
Regulations cited may change once new regulations are finalized. 8/08/09.